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Home My WebLink About10-0591P4elan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 L--Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 225116 BRANCH BANKING & TRUST COMPANY 301 COLLEGE ST, 6TH FLOOR P.O. BOX 2027, SC 29602 GREENEVILLE, SC 29601 Plaintiff V. LISA C. WELLS 3 72 KERRS V ILLE ROAD CARLISLE, PA 17013 Defendant i t ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 59/ e? V i l Ierm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE O $Qd.oo PO ATW CON0414a R,7 #as&sae File #: 225116 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 225116 Plaintiff is BRANCH BANKING & TRUST COMPANY 301 COLLEGE ST, 6TH FLOOR, P.O. BOX 2027, SC 29602 GREENEVILLE, SC 29601 2. The name(s) and last known address(es) of the Defendant(s) are: LISA C. WELLS 372 KERRSVILLE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/07/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1730, Page 1204. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 225116 6 The following amounts are due on the mortgage: Principal Balance $114,931.03 Interest $4,644.48 06/01/2009 through 01/22/2010 (Per Diem $19.68) Attorney's Fees $650.00 Cumulative Late Charges $25.00 08/07/2001 to 01/22/2010 Costs of Suit and Title Search $550.00 Subtotal $120,800.51 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $120,800.51 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 225116 9. Plaintiff hereby releases KEVIN W. WELLS from liability for the debt secured by the mortgage. 10. By virtue of death of KEVIN W. WELLS on 2/8/2009, Defendant became sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $120,800.51, together with interest from 01/22/2010 at the rate of $19.68 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ?' J4 / d' - By: La ence T. elan, sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ?? aniel G. Schmieg, Esq., Id. No. 62205 L? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 225116 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT of land situate, lying and being in West Pennsboro Township, Cumberland County, Pennsylvania, being more fully bounded and described as follows, to wit: BEGINNING at a point in or near the center of Kerrsville Road (T-326); thence continuing in and along said roadway the following courses and distances: 1) South 22 degrees 22 minutes 13 seconds East, a distance of 86.050 feet to a point; 2) thence by a curve to the right having a radius of 1262.640 feet, an arc length of 199.584 feet and a chord bearing of South 17 degrees 50 minutes 31 seconds East, a distance of 199.376 feet to a poing; 3) thence South 13 degrees 18 minutes 49 seconds East, a distance of 39.929 feet to a point in said roadway; 4) thence leaving said roadway and extending along Lot No. 5 of the hereinafter referred to subdivision Plan, South 69 degrees 29 mintues 43 seconds West, a distance of 547.640 feet to a point at Lot No. 3 of the hereinafter referred to subdivision plan; 5) thence along the last mentioned lands North 67 degrees 27 mintues 32 seconds West, a distance of 307.144 feet to a point at other lands N/F of Edgar C. Myers; 6) thence along the last mentioned lands North 61 degrees 08 mintues 12 seconds East, a distance of 791.975 feet to the point and Place of BEGINNING. CONTAINING a gross area of 4.265 acres and a net area of 4.080 acres and being designated as Lot No. 4 on a final subdivision plan of Mandy Meadow, prepared by Shelly & Witter, Professional Land Surveyors, said Plan is recorded in the Cumberland county Recorder's Office in Plan Book 79 at page 44. PARCEL NO: 46-09-0521-088 PREMISES; 372 KERRSVILLE ROAD File # 2251 16 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: AlDitp Ameyfor AA ttlainti f File #: 2251 16 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor OFf :€ C "%RIFF 0F THE ALED-OF !CE _ 20I0 FEB -9 AM 11: Q4 _ ip +/[. . NSA?YANINA Branch Banking & Trust Company vs. Lisa C. Wells Case Number 2010-591 SHERIFF'S RETURN OF SERVICE 01/28/2010 10:16 AM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 28, 2010 at 1016 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lisa C. Wells, by making known unto herself personally, at 372 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 February 03, 2010 SO ANSWERS, NY R ANDERSON, SHERIFF Deputy She?? iSl Gan?tySulte ohe'i Teieov,, f Inc. I OF THE PROTHTARY 2010 MAR -4 AM 1Q: 21 NITy PENNSYL.vANA Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING & TRUST COMPANY Plaintiff VS. LISA C. WELLS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 10-591-CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 225116 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? Lace T. Ph , Id. No. 32227 ? rancis S. Hall sq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenme R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B Jones, Esq., Id. No. 86657 ? Bere'?r?'J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 3-1-10 PHS #: 225116 VERIFICATION q`p h---L1) ?? hereby states that he/she is of BRANCH BANKING & TRUST COMPANY, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name: Rick Miller Title: AV? Company: BRANCH BANKING & TRUST COMPANY File #: 225116 Wells Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING & TRUST COMPANY Plaintiff VS. LISA C. WELLS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-591-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 225116 LISA C. WELLS 372 KERRSVILLE ROAD CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? ence T. P an, Esq., Id. Z. 32227 ? Francis S. linan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay ones, Esq., Id. No. 86657 ? er J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 3-1-10 PHS #: 225116 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING & TRUST COMPANY VS. LISA C. WELLS Attorney for Plaintiff ? N ° Q ig x? n1m o m ., cn cn CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-591-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LISA C. WELLS. Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: $1A1.D6) cK-7 91BAt9,T ?? 38z5 ?? , ,a, &Ct As set forth in Complaint $120,800.51 Interest - 01/23/2010 to 03/02/2010 $767.52 TOTAL $121,568.03 I hereby certify that (1) the Defendant's last known address is 372 KERRSVILLE ROAD, CARLISLE, PA 17013, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire rtenay R. Dunn, Esquire C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS !1225116 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING & TRUST COMPANY VS. LISA C. WELLS Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-591-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LISA C. WELLS is over 18 years of age and resides at 372 KERRSVILLE ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ?`'Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 [Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised BRANCH BANKING & TRUST CUMBERLAND COUNTY COMPANY VS. LISA C. WELLS : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-591-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 3 3 /D By: Y If you have any questions concerning this matter please contact: El,eo-urtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** BRANCH BANKING & TRUST COMPANY v Plaintiff COURT OF COMMON PLEAS CIVIL DMSON NO. 10-591-CIVIL TERM LISA C. WELLS Defendant(s) TO: LISA C. WELLS 372 KERRSVILLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: February 19, 2010 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER., GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS 4 225116 t Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence . P an, Es e, Id. o. 3222 Francis 1 , Esq., Id. o. 62695 Danie . Sc ieg, Esq., I . o. 62205 Michele M. B ord q., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ?sovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 9 225116 No. 10-591-CIVIL TERM ORDER AND NOW, this (~ ~ day of (~;"~ ~ , 2010, upon consideration of Plaintiffs IN THE COURT OF COMMON PLEAS MAY 14 2010 CUMBERLAND COUNTY, PENNSYLVANIA BRANCH BANKING & TRUST COMPANY Court of Common Pleas Plaintiff v. Civil Division LISA C. WELLS Defendant CUMBERLAND County Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance $114,931.03 Interest Through June 2, 2010 $7,202.88 Per Diem $19.68 Late Charges $40.00 Legal fees $650.00 Cost of Suit and Title $720.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,006.00 TOTAL $125,549.91 Plus interest from June 2, 2010 through the date of sale at six percent per annum. ~:. ~, :~ ~ - ,~ ~~ c5 .~.' ~~ -- ~ v Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE 225116 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~qN, ~I l~nrribcp,~~~ r~ ~; ~~~. F1 F!;r ~+ ~.lTh ~ t l tr°~~t ZulJ JJ~ ; p r~~a~ ~~ t 3 ~; ~t Branch Banking & Trust Company vs. Lisa C. Wells Case Number 2010-591 SHERIFF'S RETURN OF SERVICE 04/05/2010 05:08 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1705 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lisa C. Wells, located at 372 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania according to law. 04/08/2010 08:59 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 4/8/10 at 2055 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lisa C. Wells, by making known unto, Bruce Beamer, Boyfriend, adult in charge, personally, at, 372 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/01/2010 Property sale postponed to 9/8/2010. 06/25/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 6/18/10 SHERIFF COST: $763.56 June 28, 2010 SO ANSWERS, P' ~~/~~...._ RON R VANDERSON, SHERIFF . S (~ p~- ~ 7~ ~ 3~ '~"'~ a ~ ~f~9/ (r,} (;ou!r:.ySuSte Sharff, Teiecs.^.1T. 6,r. BRANCH BANHING & TRUST COMPANY Plaintiff t ~ ,, ... v. LISA C. WELLS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-591-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 BRANCH BANKING & TRUST COMPANY, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 372 KERRSVILLE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) LISA C. WELLS 372 KERRSVILLE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Bank One, N.A. 100 East Broad Street Columbus, OH 43271 Branch Banking and Trust Company 1300 Liberty Road Sykesville, MD 21784 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. t; 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be effected by the sale: , Name ~ Address (if address cannot be TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division reasonably ascertained, please indicate) 372 KERRSVILLE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13~ Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 9, 2010 By v"V if A ey for Plamti f Phelan Hallinan &Schmieg, LLP ^ La rence T. Phelan, Esq., Id. No. 32227 ^ F ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~. BRANCH BANKING & TRUST' COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO. 10-591-CIVIL TERM LISA C. WELLS CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LISA C. WELLS 372 KERRSVILLE ROAD CARLISLE, PA 17013 **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINI';D WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 372 KERRSVILLE ROAD, CARLISLE, PA 17013 is scheduled to be sold at the .Sheriffs Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $121,568.03 obtained by BRANCH BANKING & TRUST COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YCS~T MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: ', . 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's feees due. To find out how much you must pay, you may call: 215-563-7000 x1230: 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,.. if the, judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. t ` 3. You may also be able to stop the sale through other legal proceedings. ' ' You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) STILL BE ABLE TO SAVE YOUR PROPERTY AND Y HE SHERIFF'S SALE DnF.S TAKF. PT.A(''F. 1: ' I`f the Sheriffls Sale is'not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through' only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. ; 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately' ' ' after the sale. YOU SHOULD TAKE-THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-591-CIVIL TERM BRANCH BANHING & TRUST COMPANY vs. LISA C. WELLS owner(s) of property situate in WEST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 372 KERRSVILLE ROAD, CARLISLE, PA 17013 Parcel No. 46-09-0521-088 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $121,568.03 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate, lying and being in West Pennsboro Township, Cumberland County, Pennsylvania, being more fully bounded and described as follows, to wit: BEGINNING at a point in or near the center of Kerrsville Road (T-326); thence continuing in and along sid roadway the following courses and distances: 1) South 22 degrees 22 minutes 13 seconds East, a distance of 86.050 feet to a point; 2) thence by a curve to the right having a radius of 1262.640 feet, an arc length of 199.584 feet and a chord bearing of South 17 degrees 50 minutes 31 seconds East, a distance of 199.376 feet to a point; 3) thence South 13 degrees 18 minutes 49 seconds East, a distance of 39.929 feet to a point in said roadway; 4) thence leaving said roadway and extending along Lot No. 5 of the hereinafter referred to subdivision plan, South 69 degrees 29 minutes 43 seconds West, a distance of 547.640 feet to a point at Lot No. 3 of the hereinafter referred to subdivision plan; 5) thence along the last mentioned lands North 67 degrees 27 minutes 32 seconds West, a distance of 307.144 feet to a point at other lands N/F of Edgar C. Myers; 6) thence along the last mentioned lands North 61 degrees 08 minutes 12 seconds East, a distance of 791.975 feet to the point and place of BEGINNING. CONTAINING a gross area of 4.265 acres and a net area of 4.080 acres and being designated as Lot No. 4 on a final subdivision plan of Mandy Meadows, prepared by Shelly & Witter, Professional Land Surveyors. Said plan is recorded in the Cumberland County Recorder's Office in Plan Book 79, at Page 44. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights-of--way, conditions and/or set-back lines of record and to the following deed restrictions which shall be deemed to run with the land. 1. There shall be permitted no accumulation of debris, junk or unlicensed vehicles, unless garaged. 2. There shall be no unenclosed dumping or stockpiling of any nature; however, stacking of firewood for personal use shall be permitted. 3. All single story residential structures must have a minimum of 1200 square feet of finished living area. All Bi-Level, Cape Cod, or other 1.5 story residential structures must have a minimum of 1500 square feet of finished living area. All two-story residential structures must have a minimum of 1800 square feet of finished living area. 4. There shall be permitted no commercial dog breeding or boarding operation establishments. There shall be permitted no outside dog enclosures larger than that sized for 2 dogs, and no more than 2 dogs may be permitted outside of any residential structure. 5. There shall be permitted no commercial raising of fowl, livestock, or hogs on the property. Horses shall be permitted so long as the maintenance of horses is in accordance with any local ordinances. 6. All household pets shall be kept under control at all times. 7. There shall be no commercial activities related to the care, breeding, keeping, raising, or selling of fowl,. livestock, dogs, or swine on the property. 8. There shall be no mobile homes or trailers utilized on the within described parcels for dwelling purposes, or for storage of materials unless specifically authorized in writing by the developer. 9. Square footage or other dwelling requirements may be waived only by the developer, if in the developer's opinion the dwelling is of the type that will, by certain architectural characteristics, enhance, or blend with the general neighborhood, irrespective of the amount of gross square footage. 10. In any disputes, disagreements, interpretations or defmitions of these provisions, the developer shall have the right to make final binding decisions. TITLE TO SAID PREMISES IS VESTED IN Kevin W. Wells and Lisa C. Wells, his wife, by Deed from R. Len Weller, Jr. and Virginia A. Weller, his wife, dated 06/29/2001, recorded 07/10/2001 in Book 247, Page 1720. Kevin W. Wells departed this life on or around 02.28.2009, leaving Lisa C. Wells as sole owner. PREMISES BEING: 372 KERRSVILLE ROAD, CARLISLE, PA 17013 PARCEL NO.46-09-0521-088. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-591 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRANCH BANKING & TRUST COMPANY, Plaintiff (s) From LISA C. WELLS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $121,568.03 L.L.$.50 Interest from 3/3/10 to Date of Sale ($19.98 per diem) -- $1,838.16 Atty's Comm % Due Prothy $2.00 Atty Paid $165.90 Plaintiff Paid Date: 3/10/10 (Seal) REQUESTING PARTY: Other Costs `~ . David D. Buell, Prothonotary By: Deputy Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as, 372 Kerrsville Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: eal Estate Coordinator L S :~~~ U~ Z ~ '3''~ ~ ~`:~~ ~, , , _ 4,~ ,~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Wsit No. 2010-59 L Civil Branch Banking 8s Trust Company vs. Lisa C. Wells Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 10-591-CIVIL, BRANCH BANK- ING 8v TRUST COMPANY vs, LISA C. WELLS, owner of property situate in WEST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being 372 KERRSVILLE ROAD, CAR- LISLE, PA 17013. Parcel No. 46-09-0521-088. Improvements thereon: RESIDEN- TIAL DWELLING. Judgement Amount: $121,568- .03. SWOffN TO AND SUBSCRIBED before me this 0 da of Aril 2010 Notary NOTAR{Al SEAL DEBORAH A COLI.INS Notary Public CARLISLE BOROUGH, CUAABEALAND COUNTY My Cortunis~loe Expires Apr 28, 2014 ~,...,.we,Y,..+rw~++~...,~.m.wy .:......... .................,.a ... ,.. ....,.....d..c t yyy ~,4c .,}w,, y„ .. y~ r.,-..,u,.u.huw.Arr.awra+~ar.~wwr~wxw...ww.«w. o-.,..... .. The Patriot-News Co. 2020 Technology Pkwy Sui~fs 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~l1e ~latriot-Neu-s Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 04/23/10 'Nrlt No. 2010-591 Civil Term ` ~--~~,\ ~ 04/30/10 Branch Banking d~Trust ; ~ ~~ Company Lisa C. Wells .. ............... . Atty: Daniel G Schmieg By virtue of a Wrlt of Execution ; ,' N0.10-591-CIVILTERM Sworn to and bs ribed before me this 1 dray o May, 2010 A.D. BRANCH BANKING &TRUST ~' ' . COMPANY ' `~~ ~' ~ ~ / - LISAC.WELLS -- Notary Public Owner(s) of property situate, in WEST PENNSBORO TOWNSHIP, Cumberland COMMONWL'Ai.'r'H {~~ P~NNSY!'y''~T~- County, Pennsylvania, being (Municipality) 372 Hagripl SYl RERRSVII,I.E ROAD, CARLISLE, PA 17013 Sherrie (~. ~ f~rY ~ Parcel No. 46-09-0521-088 Lower p'ftMp., l~auphln t;gtlntY (Acreage or street address) My CpmrttI5R910" ~Ires ~. ~~, 2Q11 Improvements thereon: RESIDENTIAL Member, P°"n~IvaNat p,~oCldtlOn of Notaries DWELLING JudgementAmount: $121,568.03 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BRANCH BANKING & TRUST COMPANY Court of Common Pleas Plaintiff Civil Division M rn vs CUMBERLAND C*:rty c n LISA C. WELLS Defendant No. 10-591-CIVIL T I _ 0 PRAECIPE TO THE PROTHONOTARY: ?Q ca-,-ti Zc) o?ry) Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: ?_ ?_ W PHS# 2251 16 PH LAN HA INAN & SCHMIEG, LLP By: At:?? awrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jan], Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff 0. 1 IL g b,* fod ak? 19' a 11, l.x- K)2-, C--pt- PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 BRANCH BANKING & TRUST COMPANY Plaintiff vs LISA C. WELLS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 10-591-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff s Praecipe was served by regular mail to the person(s) on the date listed below: LISA C. WELLS 372 KERRSVILLE ROAD CARLISLE, PA 17013 Date: ?- Y-/y By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff